Opinion
Opinion By: Jack Conway,Attorney General;Michelle D. Harrison,Assistant Attorney General
Open Records Decision
Buster Chandler initiated this appeal challenging the denial by the Kentucky State Reformatory (KSR) of his October 15, 2015, request for a "copy of KSR's Censor's Book List." In a timely written response, Offender Information Specialist William Mustage advised Mr. Chandler that said list does not contain a specific reference to him and therefore is exempt from disclosure pursuant to KRS 197.025(2), incorporated into the Open Records Act by operation of KRS 61.878(1)(1). 1 Mr. Chandler argued on appeal that KRS 197.025(2) is unconstitutional. However, this office has consistently recognized that "an open records appeal to the Attorney General is not an appropriate forum in which to challenge the constitutionality of a statute restricting inmate access to records." 01-ORD-12, p. 1; 05-ORD-242, p. 5. Upon receiving notification of Mr. Chandler's appeal from this office, Staff Attorney Catherine M. Stevens, Justice and Public Safety Cabinet, responded on behalf of KSR, quoting the language of KRS 197.025(2) and citing prior decisions of this office in support of the agency's position.
As the Attorney General has consistently recognized, KRS 197.025(2) expressly authorizes correctional facilities like KSR to deny a request from any inmate unless the record(s) contains a specific reference to that inmate. See 00-ORD-040; 03-OR-074; 07-ORD-219; 10-ORD-136; 12-ORD-070; 13-ORD-013. Because the requested list does not contain a specific reference to Mr. Chandler, as required under KRS 197.025(2), he is not entitled to inspect or to receive a copy of that record, notwithstanding his underlying concerns. Regardless of the hardship Mr. Chandler may believe that application of KRS 197.025(2) imposes under the circumstances, he is expressly precluded from gaining access to records which do not contain a specific reference to him by the mandatory language of this provision; accordingly, KSR properly relied upon KRS 197.025(2), incorporated into the Open Records Act by operation of KRS 61.878(1)(1), in denying his request. 99-ORD-161, p. 2.
Either party may appeal this decision by initiating action in the appropriate circuit court under KRS 61.880(5) and KRS 61.882. Pursuant to KRS 61.880(3), the Attorney General should be notified of any action in circuit court, but should not be named as a party in that action or in any subsequent proceeding.
Footnotes
Footnotes
1 KRS 61.878(1)(1) removes from application of the Open Records Act "[p]ublic records or information the disclosure of which is prohibited or restricted or otherwise made confidential by enactment of the General Assembly."
KRS 197.025(2) provides:
KRS 61.870 to 61.884 to the contrary notwithstanding, the department shall not be required to comply with a request for any record from any inmate confined in a jail or any facility or any individual on active supervision under the jurisdiction of the department, unless the request is for a record which contains a specific reference to that individual.